Councils Given Greater Powers To Shut Illegal “Hate Preaching” Venues

The NSW government will give local councils new powers to shut down illegal hate preaching venues under proposed hate speech reforms.

Premier Chris Minns announced the new measures on Monday, aimed at cracking down on “factories of hate” operating without lawful planning approval, with premises that host prayer meetings required to consult NSW Police in the planning approval process.

The new laws will see councils given the authority to cut off utilities to venues promoting hatred, intimidation, or division, while penalties for individuals increasing from $11,000 to $110,000, and $22,000 to $220,000 for corporations.

Minns said the reforms gave councils real powers to act on organisations hosting “hate preachers”, arguing current laws were “too easily ignored by a person to determined to keep their place of worship open”.

“There is no place in NSW for hate, intimidation or extremism masquerading as community activity,” he said. 

“If operators ignore the law and refuse to shut down, councils will be able to cut off utilities and close them for good.

“This is about protecting social cohesion, keeping communities safe and upholding the values that unite us as Australians.”

Latest measured passed by NSW to tackle hate speech

The measures follow previous legislation that sees new offences for inciting racial hatred and displaying Nazi symbols at Jewish places and additional protections for people seeking to attend their place of worship.

The laws have been criticiqued by human and civil rights groups, who say they risk the over-criminalisation of vulnerable minorities, including Aboriginal and Torres Strait Islander peoples, people with disability and young people. 

The findings from a review into section 93Z of the Crimes Act handed to the government last year ruled against the laws, and warned  that provisions like those suggested by the Minns Government are imprecise and subjective.

The review also emphasised that the reforms go against the advice of the UN Committee on the Elimination of Racial Discrimination which stipulates that restrictions on freedom of speech should not be ‘broad or vague’, but the government said they make no apology for moving to eliminate hate speech. 

“We’ve made it very clear that right across our community, wherever you are, we will not accept this type of hatred, this type of rhetoric that is spewing hate in our neighbourhood,”said Police Minister Yasmin Catley.

“We want to make sure we give our councils every bit of ammunition, all the tools they need … to ensure that they can stop this practice from going on in our community.”